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PETITIONER: SRI SRI SRI KISHORE CHANDRA SINGH DEO
Vs.
RESPONDENT: BABU GANESH PRASAD BHAGAT AND OTHERS.
DATE OF JUDGMENT: 09/03/1954
BENCH: AIYYAR, T.L. VENKATARAMA BENCH: AIYYAR, T.L. VENKATARAMA MUKHERJEA, B.K. BOSE, VIVIAN HASAN, GHULAM
CITATION: 1954 AIR 316 1954 SCR 919 CITATOR INFO : F 1973 SC1346 (27)
ACT: Indian Registration Act (XVI of 1908), ss. 32, 33- "Resides", meaning of Power-of-attorney containing mistaken endorsement, effect of-Applicability of ss. 32 and 33 to such a case-Legal effect of decision under s. 33(1), proviso (i). 920
HEADNOTE: The word "resides" in s. 33(1)(a) of the Indian Registration Act, 1908, is not defined in the statute. It contemplates not only permanent residence but also temporary residence. Residence only connotes that a person eats, drinks and sleeps at that place and it is-not necessary that he should own it. For purposes of s. 32(c) of the Act, a power-of-attorney needs, in view of the provisions of s. 33 of the Act, no registration but is only required to be executed before and authenticated by the Registrar. Hance an endorsement mistakenly made on such power-of-attorney that it was presented for registration must be ignored and does not affect the validity of subsequent authentication by the Registrar which was an independent act complete initself and valid under s. 33...